K-P narcotics law, amendment ordinance challenged

Petitioners argue that any action against freedom of judiciary will be deemed illegal

PESHAWAR: Despite promises from the provincial government to review the amendments proposed to narcotics control law, the laws were challenged before the Peshawar High Court (PHC) on Tuesday.

The litigation comes around 10 days after lawyers had called off their strike of courts after the government had assured them that they will review the Khyber-Pakhtunkhwa (K-P) Control of Narcotics Substance Act 2019 (KPCNSA-2019) and the K-P Control of Narcotics Substance (Amendment) Ordinance, 2020.

A petition in this regard was filed by Zarak Arif Shah on behalf of Ali Gohar Durrani in which K-P chief secretary, secretaries of the law and establishment department were listed as respondents.

The petitioner argued that the Control of Narcotics Substance Act (CNSA) 1997 had been enforced across the country. He further contended that the K-P government had promulgated a new law in the province whereby special courts will be established, complete with the deployment of new judges.

Shah stated that when the lawyers’ community observed a strike against the law — arguing that the provisions under the amended laws would add to the burden on the litigants, the governor issued an ordinance which attempted to address the flaws in the new laws. The counsel argued that the government was obliged to consult the PHC Chief Justice before amending the law, but it failed to do so.

The petitioner further claimed that to convince the lawyers to call off their strike, different provisions in the law were changed. However, Shah contended that this only sought to challenge the freedom of the judiciary.

The petitioner maintained that Section 22 of the KPCNSA-2019 was in contravention of the Constitution and stated that any action against the freedom of judiciary will be deemed illegal.

He contended that the government tried handing over powers residing with PHC chief justice to the K-P governor through the ordinance.

Shah added that the amendments to the law were done through an executive ordinance. However, per the rules, they should have been notified through a gazetted notification. The petitioner pleaded the court to declare the amendments null and void.

Proceedings on the petition are expected to commence in the next few days.

Arrest warrants for BKU officials

The high court on Tuesday issued arrest warrants for the vice-chancellor (VC) and registrar of the Bacha Khan University (BKU) for allegedly defying court orders.

This was directed on Tuesday by a two-member bench of the Peshawar High Court, comprising Chief Justice Waqar Ahmed Seth and Justice Abdul Shakoor while hearing a contempt of court case against BKU officials and filed by the varsity’s employees.

The court had summoned both officials for Tuesday’s hearing. But when they did not appear before the court, Chief Justice Seth issued arrest warrants for both of them and adjourned the hearing until February 27.

Military courts

A two-member bench of the PHC has sought a reply from the federal government on repealing the punishments awarded by military courts.

The bench, comprising Chief Justice Seth and Justice Shakoor, heard petitions filed in this regard. The respondents were instructed to submit written arguments before February 20.

During the hearing, K-P Advocate General Shumail Butt and Additional Attorney General (AG) Qazi Babar Irshad appeared and pleaded before the court to adjourn the case.

At this, the chief justice remarked that the government has been seeking adjournments in the case for a few years now, stating that it will not continue.

The court, though, sought an answer from the federation and adjourned the case indefinitely. 

Published in The Express Tribune, February 12^th, 2020.